How can the Defendant expedite a Divorce proceeding if the Plaintiff's attorney is not filing the necessary papers?

Asked over 1 year ago - Le Roy, NY

My brother's wife filed for divorce last December (14 mos ago) in one County over. She has an attorney but since retaining her has lost custody of the kids, went into rehab, as well as other legal problems. The atty thought it would be an easy divorce and she has not paid her any more money so everything has been put on hold. My brother's attorney is a friend of a mine and has put in many calls to her attorney with no success. We would like to refile somehow in the County they live in and have my brother serve her. Also, she is trying to get maintenance but She had a baby with another man a few years ago so couldn't my brother divorce her on the grounds of adultery? She works off the books and does make money but has always been very good at hiding it :-(

Attorney answers (4)

  1. Jayson Lutzky

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    Answered . If your brother filed an answer and counterclaim, then his lawyer can file a RJI, request for judicial intervention, and a PC, preliminary conference, to have the case heard. Have your brother speak with his lawyer. If there is no summons and complaint, then yur brother's lawyer can file one and serve the wife.

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  2. Morghan L Richardson

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    Answered . Your brother's lawyer can file a motion in the current action and/or he has a right to a second action (your brother files it and has her served). If there is a negotiated agreement, that might work. But your brother may start the action only to find his wife changes venue to pull it into her county. He may be better off just filing motions in the current action.

  3. Sagi Shaked

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    Answered . File a motion to compel and sanctions.

  4. Luke D. Kazmar

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    Answered . Motion for Default, Default Judgment, Sanctions & Immediate Trial.

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